State v. Boswell

I

{¶ 1} This case requires us to apply our jurisprudence regarding postrelease control to the circumstances in which a defendant seeks to withdraw his guilty plea to a crime that required postrelease control as part of the sentence, but the trial court failed to include it. We hold that because the sentence is void as contrary to law, the defendant must be resentenced, and his motion to withdraw his plea must be treated as a presentence motion under Crim.R. 32.1. “[A] presentence motion to withdraw a guilty plea should be freely and liberally granted.” State v. Xie (1992), 62 Ohio St.3d 521,…